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(영문) 의정부지방법원 2012.10.05 2012고단2241

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2012, from around 14:30 to 15:30 of the same day, the Defendant obstructed the victim’s restaurant business by force by failing to enter the restaurant business by making it difficult for customers, who were entering the restaurant, by breathing the disturbance, such as breathing, killing, and breathing the breath from the victim D, without any reason, on the part of the restaurant operated by the victim D, from August 28, 2012 to the day of the same day.

2. On August 28, 2012, the Defendant interfered with the performance of official duties: (a) around 15:30, at the restaurant referred to in the preceding paragraph, the Defendant: (b) obstructed the police officer’s legitimate performance of duties concerning crime prevention and suppression by assaulting a gun that he was dispatched to the site after having received 112 a report on the said grounds; (c) Hain G and Haman of the Guri Police Station Fast, who was called to the site, to file a petition and return home to the Defendant; and (d) Hain, “Ne who was killed, killed, spawn, spawn, spawn, and spathn; and (d) Hafe who was spawn with the face of the said G.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, G and H

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (in addition, even though the crime of this case was committed several times with violence, it is without responsibility for the defendant to commit the crime of this case; however, the defendant reflects his mistake; the defendant was tried in the detention state; the defendant's act does not cause injury, such as injury, etc. due to the act of the defendant; and there is no criminal record of the probation for the last eight years or more).